Make Gestational Carrier Agreements Enforceable

Despite the potential for complications, we favor its adoption. The act provides clear guidance to the public and limits the risk that needy women might be exploited for their reproductive capacity.

By Law Journal Editorial Board|March 19, 2018 at 11:24 AM

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embryo-centrifuge

The New Jersey Legislature is advancing a statute that would enable individuals to enter into enforceable agreements for surrogate parenthood via gestational carriers. The New Jersey Gestational Carrier Agreement Act (S-482, A-1704) awaits only final legislative approval and the signature of Gov. Phil Murphy to become law.

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This is an extremely important statute, revamping, modifying and to some extent nullifying judicial precedent. As far as we can determine, it has received little publicity and no testimony pro or con, during committee hearings. Before passage, our legislators should stop, look and listen.

These “take it or leave it” mandatory arbitration agreements fit the classic hornbook definition of an unlawful contract of adhesion. Given the present climate, we regret not much can be done except voluntary surrender of mandatory pre-dispute arbitration by companies such as Uber and Microsoft. At best, we caution our readers to know what they are signing, and if they have any bargaining power, resist such clauses.

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